Family Orders and Agreements Enforcement Assistance Act

Marginal note:Contents of affidavit

9 An affidavit in support of an application under section 7 in relation to a family provision must

• (a) allege a breach of the family provision;

• (b) set out particulars of the breach and identify the person who

  • (i) where the family provision is a support provision, is in arrears, or

  • (ii) where the family provision is a custody provision or access right, is believed to have possession of the child or children who is or are the object of the custody provision or access right;

• (c) disclose that reasonable steps have been taken to locate the person who is in arrears or the child or children who is or are the object of the custody provision or access right and that the person, child or children have not been located;

• (d) set out particulars of the reasonable steps referred to in paragraph (c); and

• (e) where the affidavit is not accompanied by the proof referred to in paragraph 8(1)(c), disclose that there are reasonable grounds to believe that the person, child or children referred to in paragraph (c) has or have left the province of the court seized of the application to which the affidavit relates and set out information in support of that belief.